TERMS AND CONDITIONS FOR PROVISION OF DOG WALKING SERVICES
DEFINITIONS
- In these Terms and Conditions (“Conditions”) the following definitions shall
have the following meanings:-
“Customer” means the person requesting the Services in a Booking accepted by PAWS;“Booking” means the booking made by the Customer and accepted by PAWS for the Services to which these Conditions shall apply;“The Services” means the provision of dog walking services by PAWS for the Customer; and“PAWS” means Laura Smith trading as Paws Dog Walking Service carrying on its business at 10 Craibstone Avenue, Bucksburn, Aberdeen, AB21 9JP.
THE SERVICES
- PAWS agrees to provide the Services and the Customer agrees to accept the Services for each Booking in accordance with these Conditions.
- All Bookings accepted by PAWS shall specify the commencement date and times, duration, termination dates, price and all other information required for the provision of the Services.
- The Customer shall ensure adequate access to, within and from his property to allow for collection of the dog(s) by PAWS at the agreed times. The Customer shall inform PAWS of any security alarm code or other security measures which are in place at the property.
- The Customer undertakes to disclose to PAWS any illness, ailment, injury, medical history and/or medication required by the dog(s) prior to the commencement of the Services. The Customer hereby authorises PAWS to administer any necessary medication to the dog(s) during the provision of the Services, and the Customer shall ensure that all required medication is provided to PAWS prior to the Services commencing.
- The Customer authorises PAWS to procure veterinary treatment with the Customer’s prior consent. However in the event of an emergency, PAWS shall have the right to immediately procure any veterinary treatment deemed necessary for the dog(s). The Customer shall be liable for all veterinary costs and expenses incurred.
- The Customer shall provide proper leads for the dogs, and in the absence of express consent been given by the Customer, PAWS shall not let the dog(s) off its lead.
- The Customer agrees to inform PAWS prior to any Booking being confirmed of any control orders, breaches and/or prosecutions it has or has had in relation to the dog(s), in particular under the Animal Welfare Act 2006, the Dangerous Dogs Act 1991, the Dangerous Dogs (Amendment) Act 1997, the Dogs Act 1871 or any other applicable laws.
PRICES AND PAYMENT
- The fees for the Services shall be paid in advance by the Customer to PAWS in cash or by cheque, or by any other means which PAWS may agree with the Customer.
INSURANCE
- PAWS shall ensure that it has in place insurance coverage in respect of its obligations in the provision of the Services.
LIABILITY
- PAWS legal liability for accidental loss or injury to animals is limited to £5,000.
- Subject to clause 11, other than for personal injury or death caused by the negligence of PAWS, the aggregate liability of PAWS, its principals, officers, employees and agents arising from or relating to the performance of the Services whether in contract, delict or otherwise at law shall be limited to a total of £1,500.
- The Customer shall be liable for any harm or injury caused by his dog(s) to any employees or agents of PAWS.
CONSEQUENTIAL LOSS
- Neither party shall be liable for consequential or indirect losses of the other including but not limited to loss of profit, loss of anticipated profit, loss of revenue, loss of business (whether or not due to negligence of either party) arising from or relating to the Services and whether or not such losses were foreseeable at the time of entering into the Booking.
INDEMNITY
- The Customer shall indemnify and hold harmless PAWS against any claim, loss, damage, cost, expense (including legal fees), demand or proceedings whatsoever incurred or brought in respect of any damage or injury caused by the Customer’s dog(s).
FORCE MAJEURE
- PAWS shall not be liable for any failure to perform the whole or any part of this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including but not limited to Acts of God, extreme adverse weather conditions, accidents or illness. The Customer shall be entitled to a full refund of fees (if already paid) for the period for which the Services are not rendered.
SEVERANCE
- If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected
TERMINATION
- Either party may cancel a booking by giving the other not less than five days notice, without liability. If any Booking is cancelled by the Customer less than 24 hours before commencement of the Services, PAWS reserves the right to charge for the full cost of the Booking
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